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Deephaven council approves three conditional-use requests after debate over stormwater mitigation and code clarity
Summary
The Deephaven City Council approved three conditional-use permits and related variances for properties along Lake Minnetonka after extended discussion about stormwater mitigation, rain-garden sizing and whether procedural remands to the Planning Commission were needed. Council directed staff to provide follow-up data on enforcement and system testing.
Deephaven’s City Council voted to approve three conditional-use permits and associated variances for lakeshore properties after hearing presentations from planning staff, builders and applicants and a public comment urging review of local enforcement practices.
The council approved a conditional-use permit for 20395 Park Place to allow an in-ground swimming pool that would raise the property’s effective hardcover from 22.3% to about 29.9%. Staff presented grading and a proposed infiltration trench as mitigation; the city engineer had reviewed and recommended approval. After brief questions from council, the motion passed.
On 20230 Cottage Wood Road, staff described a proposal to raise a 1946 house, construct a new house that would encroach 6 feet into the front-yard setback and increase hardcover by about 7.9%. Staff said the revised plan reduced nonconforming encroachments compared with the existing house and added infiltration trenches to capture runoff. Some council members suggested remanding the application to the Planning Commission because that panel had previously recommended denial; staff noted state law requires action within a 60‑day window and that the applicant could consent to a 60‑day extension. The council approved the variances and CUP after discussion.
The council also approved a conditional-use permit for 20465 Linwood Road, a project presented by applicant Mark Williams that exceeds the hardcover limit by about 13.9% but would add a larger rain garden and revised swales to reduce runoff to adjacent properties. Williams told the council the design doubles the rain-garden footprint after neighbor concerns and that the project’s flat-roof garden and plantings will increase on-site absorption. “We doubled it because we’re trying to help the neighbor to the south,” Williams said.
Discussion centered on verification and long-term performance. Council members pressed for a percolation ("perk") test before installation and noted that the city will inspect mitigation systems on a rolling five‑year schedule. A planning staffer confirmed the city engineer approved the grading and stormwater plans. One council member said a perk test prior to installation would be a reasonable condition; others said engineering inspections and five-year reports will provide additional assurance.
The three approvals followed broader concerns raised earlier in the meeting by resident Garrett Reed, who asked the council to pause enforcement on a shed on his property and to reconcile language in the city’s zoning code and the 2040 comprehensive plan for Back Bay properties. Reed said he had received multiple warnings and letters from the city planner and asked for council review or legal review of enforcement practices. The mayor directed staff to bring information back for discussion at a future work session.
The council’s actions were procedural approvals of the applications as presented; members emphasized monitoring mitigation performance and the possibility of conditions tied to testing and inspections. The council voted on each item in public session and the motions carried.
